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1. As to real estate listed in the separate sheet:
A. The Defendant and Nonparty C entered into a pre-sale agreement on May 17, 2012.
Reasons
1. The Plaintiff asserted that Nonparty C borrowed KRW 200 million from the Plaintiff along with Nonparty D on May 12, 2009, or that Nonparty D borrowed KRW 200 million from the Plaintiff, and that C was jointly and severally and severally suretyed, the Plaintiff filed a lawsuit seeking loans against Nonparty C with the Suwon District Court 2014Gahap2135.
On May 12, 2009, the Plaintiff was sentenced to a judgment in favor of the Plaintiff that “C shall pay to the Plaintiff money of KRW 200 million and KRW 1% per annum from May 15, 2009 to March 23, 2015, and 20% per annum from the next day to the date of full payment” on the ground that C directly bears the debt of KRW 200 million borrowed from the Plaintiff, or Nonparty D’s debt to Nonparty D was jointly and severally guaranteed by Nonparty D.
The appellate court of the above case (Seoul High Court 2015Na17786) dismissed C's appeal on the grounds that C, along with D, agreed with D to repay the above loan from the Plaintiff on May 12, 2009, or the joint and several liability for the debt of the loan.
C filed an appeal against the above judgment, but the above judgment became final and conclusive upon a judgment dismissing the appeal.
Nonparty C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on May 17, 2012, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Defendant C, which was owned by Nonparty C, based on the purchase and sale reservation (hereinafter “the instant promise”) on May 17, 2012, as the Suwon District Court’s Yangyang Registry No. 21366, May 17, 2012.
C With respect to each real estate of this case, the Suwon District Court Yang Jong-gu District Court completed the principal registration of ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the provisional registration of this case on the ground of sale (hereinafter “instant sales contract”) No. 10057, March 14, 2016 (hereinafter “instant sales contract”) with the Defendant on March 11, 2016.
C. The instant case.